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BANCROFT 

LIBRARY 
<• 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


MINES  AND  MINING 


LAWS  OF  UTAH 


1913 


PUBLISHED  BY  THE 

SECRETARY  OF  STATE 


GROCER  PRINTING  Co. 

SALT  LAKE  CITY 


. 


MINES  AND  MINING 


LAWS  OF  UTAH 


1913 


PUBLISHED  BY  THE 

SECRETARY  OF  STATE 


3 


LIBRARY 


MINES  AND  MINING 


1495.  Extent.  No  location  to  be  made  until  discovery  of 
vein.  A  mining  claim,  whether  located  by  one  or  more  per- 
sons, may  equal,  but  shall  not  exceed,  1,500  feet  in  length  along 
the  vein  or  lode ;  but  no  location  of  a  mining  claim  shall  be 
made  until  the  discovery  of  the  vein  or  lode  within  the  limits 
of  the  claim  located.  Any  lode  mining  claim  may  extend  300 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface  ex- 
cept where  adverse  rights  render  a  lesser  width  necessary.  The 
end  lines  of  each  claim  must  be  parallel.  Am'd  '99,  p.  26. 

Discovery  monument,  where  placed,  §   1496,  and  note. 

Notice  of  location,  contents,  description,  etc.,   §  1496,  and  notes. 

Construction  of  notice  of  location,  note  to  §  1496. 

Annual  labor,  note  to  §  1500. 

Local  laws  and  customs.  Congress  has  given  the  local  laws  and 
customs  of  miners  the  force  and  effect  of  laws,  so  far  as  they  are  not 
in  conflict  with  any  superior  law. 

McCormick  v.  Varnes,  2  U.   355. 

Supplemental  state  legislation.  The  right  of  a  state  to  pass  acts 
supplementing  the  mining  act  of  congress  in  respect  to  the  location, 
etc.,  of  mining  claims  is  recognized  by  §  2394,  R.  S.  U.  S. 

Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;   64  P.  1019. 

In  re  Monk,  16  U.  100;  50  P.  810. 

Ownership  of  surface  and  of  mineral  rights  may  be  separate.  The 
surface  of  mineral  lands  may  be  owned  by  one  person  and  the  mineral 
underneath  by  another,  each  with  an  indefeasible  title;  when  so 
owned  they  constitute  separate  corporeal  hereditaments  with  all  the 
incidents  of  separate  ownership,  and  the  surface  land  may  be  parti- 
tioned the  same  as  where  there  is  no  mineral  under  it. 

Smith  v.  Jones,  21  U.  270;  60  P.  1104. 

Tunnel  site;  failure  to  prosecute  work.  The  provisions  of  §  2323, 
R.  S.  U.  S.,  apply  to  one  who  locates  a  tunnel  for  discovery  purposes 
as  well  as  for  development  purposes,  but  failure  to  prosecute  work  on 
such  tunnel  for  six  months,  works  an  abandonment  oi  the  right  to  all 
undiscovered  veins  on  the  line  of  such  tunnel. 

Fissure  M.  Co.  v.  Old  Susan  M.  Co.,  22  U.  438;  63  P.  587. 

DISCOVERY,  NECESSITY  FOR: 

Discovery  and  appropriation  are  the  sources  of  title  to  mining 
claims,  and  development  by  working  is  the  condition  of  continued 
possession. 

O'Reilly  v.  Campbell,  116  U.  S.  418. 


2 

Discovery  may  be  at  any  point  within  the  boundaries  of  the  claim. 
Harrington  v.  Chambers,  3  U.  94;  IP.  362;  affirmed  111  U.  S.  350. 

Discovery  at  or  near  monument.  Discovery  must  be  made  before 
location,  and  discovery  monument  must  be  erected  in  close  proximity 
thereto. 

Copper  G.  M.  Co.  v.  Allman,  23  U.  410;  64  P.  1019. 

Claim  void  if  discovery  not  on  free  ground.  The  location  of  a 
mining  claim  is  void  when  its  discovery  point  is  placed  within  the 
lines  of  an  existing  valid  claim. 

Watson  v.  Mayberry,  15  U.  265;  49  P.  479. 

Argentine  M.  Co.  v.  Benedict,  18  U.  183;    55  P.  559. 

Reynords  v.  Pascoe,  24  U.  219;    66  P.  1064. 

Bunker  H.  M.  Co.  v.  Pascce,  24  U.  60;  66  P.  574. 

Lavagnino  v.  Uhlig,  26  U.  1;  71  P.  1046;  but  see  same  case  on 
appeal,  198  U.  S.  443. 

Lockhart  v.  Farrell,  31  U.  ;   86  P.  1077. 

One  who  located  a  mining  claim,  based  on  a  discovery  within  the 
limits  of  an  existing  location,  was  a  trespasser,  and  his  location  was 
void,  and  the  subsequent  forfeiture  of  the  senior  claim  for  non-per- 
formance of  annual  labor  did  not  give  him  any  rights.  (Distinguishing 
Lavagnino  v.  Uhlig,  198  U.  S.  443.) 

Lockhart  v.  Farrell,  31  U. ;    86  P.  1077. 

Loss  of  discovery  cured  by  new  discovery.  Where  discovery  is 
lost,  by  being  included  within  the  lines  of  a  junior  location,  the 
senior  claim  does  not  thereby  become  invalid  if  a  new  discovery  is 
made. 

Silver  City  M.  Co.  v.  Lowry,  19  U.  334;  57  P.  11;  dismissed  179 
U.  S.  196. 

DISCOVERY,   WHAT   CONSTITUTES: 

Valid  location  of  a  mining  claim  may  be  made  whenever  the 
prospector  has  discovered  such  indications  of  mineral  that  he  is  will- 
ing to  spend  his  time  and  money  in  following  them,  in  the  expectation 
of  finding  ore. 

Harrington  v.  Chambers,  3  U.  94;  IP.  362;  affirmed  111  U.  S.  350. 

Hayes  v.  Lavagnino,  17  U.  185;   53  P.  1029. 

Wilson  v.  Triumph  M.  Co.,  19  U.  66;   56  P.  300. 

One  locating  an  abandoned  claim  may  use  the  discovery  of  the 
former  locator. 

Hayes  v.  Lavagnino,  17  U.  185;   53  P.  1029. 

Vein  or  lode  defined. 

Harrington  v.  Chambers,  3  U.  94;  1  P.  362;  affirmed  111  U.  S.  350. 

Hayes  v.  Lavagnino,  17  U.  185;  53  P.  1029. 

Grand  Cent.  M.  Co.  v.  Mammoth  M.  Co.,  29  U.  490;   83  P.  648. 

There  must  be  something  beyond  a  mere  guess  on  the  part  of  the 
miner  to  authorize  him  to  make  a  location  which  will  exclude  others 
from  the  ground,  such  as  the  discovery  of  the  presence  of  the  precious 
metals  at  the  place  where  the  notice  of  location  is  posted,  or  in  such 
proximity  to  it  as  to  justify  a  reasonable  belief  in  the  existence  of  a 
lode  there. 

Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;   64  P.  1019. 


3 

Vein  matter  must  be  mineralized.  Rock  or  matter  of  any  kind, 
in  order  to  constitute  a  vein  or  lode  within  the  meaning  of  the  statute, 
must  be  metalliferous  and  contain  such  mineral  value  as  will  dis- 
tinguish it  from  the  country  rock,  especially  where  no  well-defined 
walls  appear. 

Grand  Cent.  M.  Co.  v.  Mammoth  M.  Co.,  29  U.  490;  83  P.  648. 

APEX    RIGHTS: 

Location  should  be  along  the  vein.  A  location  of  a  mining  claim 
upon  a  lode  or  vein  of  ore  should  be  laid  along  the  same  lengthwise 
of  the  course  of  its  apex  at  or  near  the  surface,  as  well  under  the 
mining  act  of  1866  as  under  that  of  1872.  If  located  otherwise,  the 
location  will  only  secure  so  much  of  the  lode  or  vein  as  it  actually 
covers. 

Flagstaff  Mining  Co.  v.  Tarbet,  98  U.  S.  463. 

McCormick  v.  Varnes,  2  U.  355. 

Prior  to  the  act  of  congress  of  May  10,  1872,  a  locator  was  entitled 
to  but  one  vein;  since  then  he  is  entitled  to  all  veins  having  an  apex 
within  his  surface  lines. 

Blake  v.  Butte  S.  M.  Co.,  2  U.  54. 

May  follow  vein  on  its  dip.  The  owner  of  a  vein  located  prior  to 
May  10,  1872,  in  possession,  may  follow  his  vein  on  its  dip  into  the  un- 
patented  ground  of  another. 

Id. 

The  act  of  1866  qualifies  and  enlarges  the  common  law  right  by 
which  miners  hold  their  locations,  to  this  extent  only:  that  the  owner 
of  a  mining  claim  may  follow  his  lode  or  vein  from  the  apex  found 
within  his  surface  ground,  on  its  dip,  to  any  depth,  although  in  its 
downward  course  it  may  so  far  depart  from  a  perpendicular  as  to 
enter  the  land  adjoining;  but  he  cannot  go  beyond  or  outside  of  his 
side  lines  on  the  course  or  strike  of  the  vein. 

McCormick  v.  Varnes,  2  U.  355. 

Broad  lode.  The  first  locator,  having  the  apex  of  a  vein  entirely 
within  the  surface  lines  of  his  claim  for  a  portion  of  its  length,  and 
for  the  remaining  portion  partly  within  and  partly  without,  and  within 
the  surface  lines  of  another  claim,  but  never  entirely  departing  from 
such  first  location,  owns  the  entire  lode  within  the  end  lines  of  his 
claim 

Bullion-Beck  Mining  Co.  v.  Eureka  Hill  Mining  Co.,  5  U.  3;  11 
P.  515. 

See  Lawson  v.  U.  S.  Min.  Co., U.  S. decided  Oct.  21,  1907. 

Secret  underground  workings^  The  location  of  a  vein  or  lode 
made  upon  the  surface  where  the  vein  or  lode  finds  its  apex  will  not 
be  defeated  by  the  secret  underground  workings  and  possession  by 
parties  having  no  possession  of  or  right  to  the  surface  embracing  it 

Eilers  v  Boatman,  3  U.  159;  2  P.  66;  affirmed  111  U.  S.  356. 

A  locator  working  subterraneously  into  the  dip  of  the  vein  belong- 
ing to  another  locator  who  is  in  possession  of  his  location  is  a  tres- 
passer and  liable  to  an  action  for  taking  ore  therefrom. 

Flagstaff  M.  Co.  v.  Tarbet,  98  U.  S.  463. 

Locator  presumed  to  own  all  ore  within  planes  drawn  vertically 
downward  through  boundary  lines. 

Grand  Cent.  M.  Co.  v.  Mammoth  M.  Co.  29  U.  490;   83  P.  648. 


Discovery  might  not  be  sufficient  as  an  apex.  What  constitutes 
a  discovery  that  will  validate  a  location  is  a  very  different  thing  from 
what  constitutes  an  apex  to  which  attaches  the  statutory  right  to  in- 
vade the  possession  of  and  appropriate  the  property  which  is  pre- 
sumed to  belong  to  the  adjoining  owner. 

Grand  Cent.  M.  Co.  v.  Mammoth  M.  Co.,  29  U.  490;   83  P.  648. 

Burden  on  apex  claimant.  When  the  owner  of  an  apex  seeks  to 
follow  his  vein  on  its  dip  into  the  land  of  another,  the  burden  is  on 
him. 

Grand  Cent.  M.  Co.  v.  Mammoth  M.  'Co.,  29  U.  490;   83  P.  648. 

Red  Wing  M.  Co.  v.  Clays,  30  U.  242;   83  P.  841. 

U.  S.  PATENT;  ADVERSE  CLAIM: 

What    plaintiff    must    prove.    In   action    for    possession,    plaintiff 
must  prove  discovery  and  a  location  according  to  U.  S.  and  local  laws. 
Harrington  v.  Chambers,  3  U.  94;  1  P.  362;  affirmed  111  U.  S.  350. 
Hayes  v.  Lavagnino,  17  U.  185;  53  P.  1029. 
Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;  64  P.  1019. 

Parties  must  rely  upon  their  own  strength.  As  proceedings  on  an 
adverse  claim  are  had  for  the  purpose  of  determining  which  of  the 
parties  is  entitled  to  patent,  each  must  rely  on  the  strength  of  his  own 
title  and  not  on  the  weakness  of  that  of  his  adversary. 

Murray  H.  M.  &  M.  Co  v.  Havener,  24  U.  73;  66  P.  762. 

Form  of  action.  Sec.  2326,  R.  S.  U.  S.,  -authorizes  an  adverse 
claimant  to  commence  with  an  action  at  law  or  a  suit  in  equity,  as 
may  be  most  appropriate,  to  determine  right  of  possession. 

Perego  v.  Dodge,  9  U.  3;  33  P.  221;  affirmed  163  U.  S.  160. 

Parley's  Park  M.  Co.  v.  Kerr,  3  U.  235;  2  P.  709;  affirmed  130  U. 
S.  256. 

Adverse  proceedings  authorized  by  §  2326,  R.  S.  U.  S.,  are  not  to 
determine  the  rights  of  the  contestants  to  a  patent,  but  to  determine 
the  right  of  possession  of  the  disputed  claim. 

Lavagnino  v.  Uhlig,  26  U.  1;  71  P.  1046;  affirmed  198  U.  S.  443. 

In  an  action  to  determine  the  right  of  possession  of  a  lode  mining 
claim,  arising  out  of  proceedings  had  in  the  U.  S.  land  office,  state 
statutes  regulating  generally  actions  for  the  recovery  of  real  property 
have  no  application  in  view  of  the  provisions  of  §  2326,  R.  S.  U.  S., 
relating  to  mining  and  providing  for  the  filing  of  adverse  claims. 

Lily  M.  Co.  v.  Kellog,  27  U.  Ill;  74  P  518. 

Presumption  when  no  adverse  claim  filed.  Under  §  2325,  R.  S. 
U.  S.,  providing  that  it  shall  be  presumed  that  there  are  no  adverse 
claims  to  a  mineral  deposit  for  which  application  has  been  filed,  un- 
less they  are  filed  within  the  sixty  days  during  which  notice  of  such 
application  is  required  to  be  published,  it  will  be  conclusively  prer 
sumed  that  one  who  fails  to  file  an  adverse  claim  within  the  prescribed 
time,  has  none. 

Lavagnino  v.  Uhlig,  26  U.  1;  71  P.  1046;  affirmed  198  U.  S.  443. 

No  presumption  when  adverse  claim  filed.  On  an  application  for  a 
patent  to  a  mining  claim,  the  land  office,  in  the  absence  of  the  filing 
of  an  adverse  claim,  will  indulge  the  presumption  that  no  conflicting 
claims  exist  to  the  premises  described  in  the  application,  but  when 
an  adverse  claim  is  filed,  the  presumption  does  not  arise. 

Lockhart  v.  Farrell,  31  U.  ;    86  P.   1077. 


U.  S.  PATENT,   EFFECT  OF: 

Mining  claims   are   real   property   and  pass   by   deed. 
Houtz  v.  Gisborn,  1  U.  173. 

Issuance  presumes  compliance  with  mining  laws.  A  patent  passes 
the  government  title  to  the  surface  and  any  veins  beneath  it  not  other- 
wise granted,  and  its  issuance  presumes  a  compliance  with  the  min- 
ing law. 

Kahn  v.  Telegraph  Mining  Co.,  2  U.  174. 

Subject  to  apex  rights.  Mining  patents  based  upon  locations  made 
under  the  act  of  1866  grant  title  to  the  ground  mentioned  therein,  sub- 
ject to  the  right  of  other  locators  to  follow  any  other  vein  or  lode  held 
under  locations  made  prior  to  the  act  of  May  10,  1872. 

Blake  v.  Butte  Mining  Co.,  2  U.  54. 

Patent  subject  to  equities.  A  patent  from  the  United  States  is 
the  highest  evidence  of  title,  and  ordinarily  it  cannot  be  varied,  con- 
tradicted, nor  controlled  by  evidence  outside  the  patent;  but  after 
the  United  States  has  parted  with  its  title  and  the  individual  has  be- 
come vested  with  it,  the  equities  subject  to  which  he  holds  it  may  be 
enforced. 

Kimball  v.  Mclntyre,  3  U.  77;  IP.  167. 

May  be  avoided  for  mistake.  A  patent  from  the  United  States 
for  mineral  lands  may  be  avoided  in  equity  for  mistake,  or  fraud  and 
misrepresentation  practiced  upon  the  government. 

Parley's  Park  Mining  'Co.  v.  Kerr,  3  U.  235;  2  P.  709;  affirmed  130 
U.  S".  256. 

Width  of  claim.  A  patent  for  a  mining  claim  allowing  a  width 
of  600  feet  is  valid  under  the  act  of  congress  of  1872,  where  it  is 
doubtful  under  the  evidence  whether  the  mining  laws  of  the  district 
prescribed  a  lesser  width. 

Id. 

The  decision  of  the  land  department  of  the  United  States  that  land 
is  non-mineral,  or  is  occupied,  is  conclusive  on  the  courts  when  the 
patent  issued  in  pursuance  of  such  decision  is  collaterally  attacked. 

Ferry  v.  Street,  4  U.  521;  11  P.  571. 

1496.    Discovery  monument.    Notice  of  location ;  contents. 

The  locator,  at  the  time  of  making  the  discovery  of  such  vein 
or  lode,  must  erect  a  monument  at  the  place  of  discovery,  and 
post  thereon  his  notice  of  location,  which  notice  shall  contain : 

1.  The  name  of  the  lode  or  claim; 

2.  The  name  of  the  locator  or  locators; 

3.  The  date  of  the  location; 

4.  If  lode  claim,  the  number  of  linear  feet  claimed  in 
length  along  the  course  of  the  vein  each  way  from  the  point  of 
discovery;  with  the  width  on  each  side  of  the  center  of  the 
vein,  and  the  general  course  of  the  vein  or  lode,  as  near  as 
may  be,  and  such  a  description  of  the  claim,  located  by  refer- 


6 

ence  to  some  natural  object  or  permanent  monument  as  will 
identify  the  claim; 

5.  If  a  placer  or  millsite  claim,  the  number  of  acres  or 
superficial  feet  claimed,  and  such  a  description  of  the  claim 
or  millsite  located  by  reference  to  some  natural  object  or 
permanent  monument  as  will  identify  the  claim  or  millsite. 
Am'd  '99,  p.  26. 

No  location  before  discovery  of  vein,  §  1495,  and  note. 
Discovery  within  lines  of  prior  claim,  note  to  §  1495. 
Notice  recorded  within  thirty  days,  §  1498,  and  note. 
Destruction  of  notice,  penalty.  §   1535. 

Fraudulently  antedating  notice.  Fraudulently  antedating  notice  of 
location  of  mining  claim  for  purpose  of  defeating  an  actual  locator 
thereon  is  a  fraud  against  such  rightful  claimant  and  the  government. 

Muldoon  v.  Brown,  21  U.  121;  59  P.  720. 

Location  by  lessee  invalid.  Lessee  not  permitted  to  take  advant- 
age of  defects  in  lessor's  title  and  make  adverse  location. 

Silver  City  M.  Co.  v.  Lowry,  19  U.  334;  57  P.  11;  dismissed  179 
U.  S.  196. 

Bunker  H.  M.  Co.  v.  Pascoe,  24  U.  60;  66  P.  574. 

Reynolds  v.  Pascoe,  24  U.  219;  66  P.  1064. 

Fraudulent  relocation  by  agent. 

Utah  M.  Co.  v.  Dickert,  6  U.  183;   21  P.  1002. 

Argentine  M.  Co.  v.  Benedict,  18  U.  183;  55  P.  559. 

U.  S.  deputy  mineral  surveyor  cannot  locate  a  mining  claim. 

Lavagnino  v.  Uhlig,  26  U.  1;  71  P.  1046;  case  affirmed  198  U.  S. 
443,  though  that  point  not  passed  on.  (Contra  held  by  S.  C.  of  Nev. 
in  Hand  v.  Cook,  Nov.  1907.) 

Location  by  alien  not  invalid.  Where  alien  located  mining  claim 
and  conveyed  to  a  citizen,  no  rights  of  third  persons  having  attached 
prior  to  conveyance,  the  conveyance  vests  title  in  the  citizen. 

Wilson  v.  Triumph  M.  Co.,  19  U.  66;  56  P.  300. 

Stewart  v.  G.  &  C.  M.  -Co.,  29  U.  443;  82  P.  475. 

The  rights  of  a  citizen  locator  of  mining  ground  and  his  subse- 
quent grantees  cannot  be  affected  by  the  fact  that  his  co-locator  was 
an  alien. 

Strickley  v.  Hill,  22  U.  257;   62  P.  893. 

The  location  of  a  mining  claim  by  an  alien  is  not  void,  but  only 
voidable  on  a  direct  attack  by  the  government. 

Stewart  v.  G.  <&  C.  M.  Co.,  29  U.  443;  82  P.  475. 

MARKING  OF   BOUNDARIES. 

S*ec.  2324,  R.  S.  U.  S.,  merely  requires  that  locations  shall  be 
distinctly  marked,  so  that  their  boundaries  can  be  readily  traced. 

Victoria  Mining  Co.  v.  Haws,  7  U.  515;  27  P.  695;  affirmed  160 
U.  S.  303. 


The  fact  that  the  description  in  a  notice  of  location  calls  for 
stakes,  when  in  fact  the  monuments  are  trees  cut  off  about  three  feet 
from  the  ground  and  blazed  and  squared,  is  immaterial. 

Hanson  v.  Fletcher,  10  U.  266;   57  P.  480. 

Three  corners  marked.  A  mining  claim  marked  by  a  discovery 
monument  on  which  is  placed  the  notice  of  location,  and  by  a  stake 
at  each  of  the  three  corners  of  the  claim,  and  a  monument  at  the 
center  of  each  end  line,  leaving  one  corner  of  the  claim  unmarked, 
is  sufficiently  marked  under  §  2324,  R.  S.  U.  S. 

Warnock  v.  De  Witt,  11  U.  324;  40  P.  205. 

Boundaries  need  not  be  exact.  A  locator  of  a  mining  claim,  in 
marking  his  claim  on  the  ground  so  that  its  boundaries  can  be  readily 
traced,  is  not  required  to  be  exact  in  running  the  lines  or  in  fixing 
the  corners  or  other  posts. 

Eilers  v.  Boatman,  3  U.  159;  2  P.  66;  affirmed  111  U.  S.  356. 

A  fact  that  the  location  of  a  mining  claim  as  marked  on  the 
ground  is  300  feet  longer  and  50  feet  wider  than  is  allowed  by  law  does 
not  render  the  location  void,  where  the  excess  was  included  through 
mistake. 

Hanson  v.  Fletcher,  10  U.  266;  37  P.  480. 

Stakes  in  accessible  places.  A  claim  is  sufficiently  marked  on  the 
ground  where  the  stakes  and  monuments  are  set  at  accessible  places, 
the  inaccessible  places  being  definitely  referred  to  by  courses  and  dis- 
tances. 

Eilers  v.  Boatman,  3  U.  159;  2  P.  66;  affirmed  111  U.  S.  356. 

Brockbank  v.  Albion  M.  Co.,  29  U.  367;  81  P.  863. 

Monuments  of  abandoned  claims  may  be  used  in  making  a  new  lo- 
cation of  same  ground. 

'Brockbank  v.  Albion  M.  Co.,  29  U.  367;  81  P.  863. 

Within  thirty  days  location  must  be  marked  upon  the  ground;  or 
at  least  before  other  rights  intervene. 

Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;   64  P.  1019. 
Brockbank  v.  Albion  M.  Co.,  29  U.  367;  81  P.  863. 

Discovery  or  location  monument  is  the  initial  point  of  the  lode 
from  which  the  boundaries  of  the  claim  are  to  be  determined.  It  must 
be  placed  at  or  near  place  of  discovery. 

Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;   64  P.  1019. 

CONSTRUCTION   OF   NOTICE. 

Strict  construction  of  notice.  The  location  notice  of  a  claim  de- 
scribing it  as  being  "fifteen  hundred  feet  in  length  on  this  ledge 
*  *  *  and  three  hundred  feet  on  each  side  of  the  center  of  loca- 
tion," and  as  running  east  three  hundred  feet  and  west  twelve  hun- 
dred feet  "from  monument,"  the  ledge  being  "situated  up  near  the 
head  of  the  right  hand  fork  of  what  is  known  as  Tie  Canyon,  about 
five  miles  from"  a  certain  railroad;  held,  insufficient. 

Darger  v.  Le  Sieur,  8  U.  160;  30  P.  363. 

Id.,  9  U.  192;  33  P.  701. 

Liberal  construction  of  notices.  The  construction  of  notice  of  loca- 
tion should  be  liberal,  not  technical;  and  the  sufficiency  of  reference 
to  natural  object  or  permanent  monument  is  a  question  of  fact. 


Eilers  v.  Boatman,  3  U.  159;  2  P.  66;  affirmed  111  U.  S.  356. 

Hanson  v.  Fletcher,  10  U.  266;   37  P.  480. 

Wilson  v.  Triumph  M.  Co.,  19  U.  66;  56  P.  300. 

Fissure  M.  Co.  v.  Old  S.  M.  Co.,  22  U.  438;  63  P  587. 

Farmington  M.  Co.  v.  Rhymney  M  Co.,  20  U.  363;   58  P.  832. 

Wells  v.  Davis,  22  U.  322;  62  P.  3. 

Bonanza  M.  Co.  v.  Golden  Head  M.  Co.,  29  U.  159;  80  P.  736. 

Trees  blazed  and  squared,  rock  monuments  and  the  prospect  hole 
are  permanent  objects,  within  the  meaning  of  §  2324,  R.  S.  U.  S.,  re- 
quiring the  notice  of  the  location  of  a  mining  claim  to  describe  the 
same  by  reference  to  some  natural  object  or  permanent  monument. 

Hanson  v.  Fletcher,  10  U.  266;  37  P.  480. 

A  tie  to  an  adjoining  claim  is  sufficient. 
Wilson  v.  Triumph  M.  Co.,  19  U.  66;  56  P.  300. 
Tied  to  its  own  stakes.     Notice  of  location  held  sufficient  which 
ties  the  claim  to  little  else  than  its  own  stakes. 

Bonanza  M.  Co.  v.  Golden  Head  M.  -Co.,  29  U.  159;  80  P.  736. 

1497.  Boundaries  marked.     Mining  claims  and  millsites 
must  be  distinctly  marked  on  the  ground  so  that  the  boundaries 
thereof  can  be  readily  traced.    Am'd  99,  p.  26. 

1498.  Filing  Copy  of  Notice.     Fee.    Within  thirty  days 
from  the  date  of  posting  the  location  notice  upon  the  claim,  the 
locator  or  locators,  or  his  or  their  assigns,  must  file  for  record 
in  the  office  of  the  County  Recorder  of  the  county  in  which 
such  claim  is  situated,  if  said  claim  be  situated  without  and 
beyond  an  original  mining  district,  a  substantial  copy  of  such 
notice  of  location.     Such  County  Recorder  shall  charge  and 
collect  a  fee  of  50c  for  first  folio,  and  for  each  addition  folio, 
20c ;  and,  providing  further,  that  where  more  than  two  locators 
sign  the  said  notice  of  location,  an  additional  fee  of  lOc  shall 
be  charged  for  each  additional  name,  said  fee  shall  be  for  filing, 
recording,  indexing  and  abstracting  such  notice ;  provided,  that 
such  notice  of  location  shall  not  be  abstracted  unless  a  subse- 
quent conveyance  affecting  the     same     property  be  filed  for 
record,  when  said  notice  shall  be  .abstracted,      (As  amended 
1909.) 

Contents  of  notice,  posting,  etc.,  §  1496,  and  note. 
Notice  of  location  filed  in  duplicate  with  district  recorder  §  1503; 
fee  75c  for  each  copy,  §  1503. 

No  record  necessary  unless  statute  prescribes  it.  The  notice  of 
location  of  a  mining  claim  need  not  be  recorded,  if,  at  the  time  of  the 
location,  the  rules  of  the  district  which  require  recording  have  fallen 
into  disuse,  there  being  no  statutory  requirement  that  such  notice 
should  be  recorded. 

Victoria  Mining  Co.  v.  Haws,  7  U.  515;  27  P.  695;  affirmed  160  U. 
S.  303. 


9 

Notice  to  be  recorded  within  thirty  days.  The  locator  must, 
within  thirty  days,  mark  the  boundaries  of  his  claim  substantially  as 
indicated  by  the  notice  of  location,  and,  within  the  time  as  required 
by  §  1498,  he  must  record  a  substantial  copy  of  the  notice  of  location 
with  the  county  recorder. 

Copper  Globe  M.  Co.  v.  Allman,  23  U.  410;  64  P.  1019. 

Immaterial  unless  other  rights  intervene.  Though  monuments  are 
not  all  erected  according  to  law  within  the  thirty  days,  it  is  sufficient 
if  the  law  is  complied  with  before  other  rights  have  intervened. 
Monuments  of  prior  lapsed  location  may  be  used  to  mark  new  loca 
tion. 

Brockbank  v.  Albion  M.  Co.,  29  U.  367;  81  P.  863. 

1499.  Notice  of  assessment  work  being  done.   Every  per- 
son or  company  owning  a  group  of  claims  and  doing  the  de- 
velopment or  assessment  work  for  said  group  at  one  point  shall 
post  a  notice  upon  each  claim  at  the  discovery  monument  stat- 
ing where  such  work  is  being  done,  and  also  post  a  notice  at  the 
entrance  of  the  workings  where  said  work  is  done,  stating  the 
names  of  the  claims  for  which  the  work  is  done.     Am'd  '99, 
p.  27. 

1500.  Filing  affidavit  of  work  done.     The  owner  of  any 
quartz  lode  or  placer  mining  claim  who  shall  do  or  perform  or 
cause  to  be  done  or  performed  the  annual  labor  or  improve- 
ments required  by  the  laws  of  the  United  States,  in  Order  to 
prevent  a  forfeiture    of   the    claim,  must,  within  thirty  days 
after  the  completion  of  such  work  or  improvements,  file  in  the 
office  of  the  County  Recorder  in  which  the  greater  part  of 
the  mining4  district,  in  which  such  claim  is  located,  is  situated, 
his  affidavit  or  an  affidavit  or  affidavits  of  the  person  or  per- 
sons who  performed  or  directed  such  labor  or  made  or  directed 
such  improvements,  and  shall  file  a  duplicate  thereof  with  the 
district  mining  recorder  of  the  district  in  which  said  claim  is 
situated,  showing: 

1.  The  name  of  the  claim  and  where  situated. 

2.  The  number  of  days'  work  done  and  the  character  and 
value  of  the  improvements  placed  thereon; 

3.  The  date  or  dates  of  performing  said  labor  and  making 
said  improvements,  and  number  of  cubic  feet  of  earth  or  rock 
removed ; 

4.  At  whose  instance  or  request  said  work  was  done  or 
improvements  made; 

5.  The  actual  amount  paid  for  said  labor  and  improve- 
ments, and  by  whom  paid,  when  the  same  was  not  done  by  the 
owner  or  owners  of  said  claim. 

Such  affidavits  or  duly  certified  copies  thereof  shall  be 
prima  facie  evidence  of  the  facts  therein  stated.  Am'd  '99, 
p.  27. 


10 

Fee  for  recording  affidavits  of  labor,  §  1506. 

Notice  of  work  performed  for  benefit  of  group,  §  1499. 

Failure  to  file  affidavit  not  fatal.  A  claim  on  which  the  required 
labor  has  been  performed  is  not  open  to  relocation  by  failure  to  file 
affidavit  required  by  this  section. 

Murray  H.  M.  &  M.  Co.  v.  Havenor,  24  U.  73;  66  P.  762. 

ANNUAL    LABOR. 

Relocation  instead  of  annual  labor.  Held,  that  the  owner  of  a 
lode  claim,  who  has  failed  to  do  his  annual  assessment  work,  has  the 
right  to  make  a  new  location  covering  the  same  ground. 

Warnock  v.  De  Witt,  11  U.  324;  40  P.  205. 

Where  adverse  possession  held  wrongfully,  the  rightful  owner 
or  locator  is  excused  from  doing  the  assessment  work  during  the  con- 
tinuance of  such  adverse  holding. 

Utah  Mining  Co.  v.  Dickert  &  Meyers  Sulphur  Co.,  6  U.  183;  21  P. 
1002. 

Victoria  Mining  Co.  v.  Haws,  7  U.  515;  27  P.  695;  160  U.  S.  303. 

Fraud  of  Agent.  The  attempt  of  an  agent  employed  to  do  annual 
assessment  work  on  a  mining  claim,  after  failure  to  do  the  work,  to 
relocate  the  claim  is  a  fraud  on  his  principal. 

Utah  M.  Co.  v.  Dickert,  6  U.  183;  21  P.  1002. 

Argentine  M.  Co.  v.  Benedict,  18  U.  183;  55  P.  559. 

Resumption  by  original  owner.  Where  A.  fails  to  perform  his  an- 
nual labor,  and  B.  locates  the  ground  and  afterward  abandons  it; 
if  A.  then  re-enters  and  begins  work,  his  title  is  good  as  against  C. 
who  afterwards  locates. 

Klopenstine  v.  Hays,  20  U.  45;   57  P.  712. 

Rights  of  junior  locator  on  abandonment  by  senior.  Where  there 
was  a  conflict  between  ,a  senior  and  junior  location  and  the  senior 
later  failed  to  perform  his  annual  labor,  does  the  ground  in  conflict 
inure  to  the  junior  without  any  further  act  on  his  part? 

Lavagnino  v.  Uhlig,  198  U.  S.  443;  same  case,  26  U.  1;  71  P.  1046. 

Contra,  Lockhart  v.  Parrell,  31  U. ;   86  P.  1077. 

ON   GROUP  OF  CLAIMS: 

Work  done  outside  of  a  mining  claim,  if  done  for  the  purpose  and 
as  a  means  of  developing  the  same,  is  as  available  for  holding  the 
claim  as  if  done  within  the  boundaries  of  the  claim  itself.  One  general 
system  of  work  may  be  devised,  well  adapted  and  intended  to  de- 
velop several  contiguous  claims,  and  when  such  is  the  case,  work  in 
furtherance  of  the  system  is  work  on  the  claims  intended  to  be  de- 
veloped by  it. 

Harrington  v.  Chambers,  3  U.  94;  IP.  362;  affirmed,  111  U.  S.  350. 

Properly  left  to  the  jury.  Where  the  testimony  tends  to  show  the 
consolidation  of  a  group  of  claims  for  development  and  working  pur- 
poses and  that  the  required  amount  of  work  was  done  on  one  claim 
for  all,  the  question  of  whether  work  on  one  would  inure  to  the 
benefit  of  all  was  properly  left  to  the  jury. 

Wilson  v.  Triumph  M.  Co.,  19  U.  66;  56  P.  300. 

Klopenstine  v.  Hays,  20  U.  45;   57  P.  712. 

Wells  v.  Davis,  22  U.  322;  62  P.  3. 


11 

Finding  that  work  was  beneficial  sustained.  Where  the  testimony 
tends  to  show  that  respondent's  mining  claims  were  consolidated  or 
-worked  for  development  purposes;  that  work  on  the  tunnel  and  shafts 
was  done  to  apply  on  the  respective  claims;  that  respondent  had  an 
interest  in  all  of  these  claims,  and  that  the  development  work  was  a 
benefit  to  all  the  claims,  the  testimony  is  sufficient  to  sustain  the 
finding. 

Fissure  M.  Co.  v.  Old  S.  M.  Co.,  22  U.  438;   63  P.  587. 

1501.  Reorganization  of  mining  districts.     Mining  dis- 
tricts may  be  organized,  and  all  existing  districts  may  be  re- 
organized and  the  rules  and  regulations  of  the  said  mining 
district  shall  govern  the  said  district  according  to  the  laws  of 
the  United  States,  in  cases  where  a  district  organization  is  de- 
sired; provided,  that  the  nearest  boundary  line  of  any  mining 
district  shall  not  be  within  ten  miles  from  the  county  recorder's 
office  of  any  county.  '99,  p.  27. 

1502.  Copying  records.     Expense.     Upon  application  of 
the  district  mining  recorder  of  any  mining  district  to  the  board 
of  county  commissioners  of  the  county  having  in  custody  the 
records  of  the  said  mining  district,  the  said  board  of  county 
commissioners  shall  cause  the  records  of  such  district  to  be 
copied  by  the  county  recorder,  and  shall  cause  all  records  of 
documents   pertaining    to    district   mining   records,    recorded 
since  June  4,  1896,  up  to  the  time  of  delivery,  to  be  recorded 
in   the   original   records  of  the   mining  district  in   which  the 
property     is     situated,    and    the    original    records,    when     so 
amended,  shall  be  delivered  to  such  district  mining  recorder. 
The  copy  so  made  shall  remain  in  the  office  of  the  County 
Recorder,  and  shall  be  considered  as  the  original  record.    One- 
half  of  the  expense  of  copying  such  records  shall  be  paid  out  of 
the  county  treasury  and  one-half  shall  be  paid  out  of  the  state 
treasury. 

R.  S.  '98,  §  1506;  '99,  p.  27. 

By  the  provisions  of  §  1502,  R.  S.  1898  (now  §  1506x2,  as  amended) 
mining  records  were  transferred  from  district  mining  recorder's  to 
county  recorder's  office.  , 

1503.  Duplicate  notice  of  location.    Fee.    Penalty.  It  shall 
be  the  duty  of  every  district  mining  recorder  to  require  every 
person  depositing  for  record  a  notice  of  location  to  make  a  dup- 
licate copy  thereof,  which  copy  said  mining  recorder  shall  care- 
fully compare  with  the  original  and  mark  " duplicate"  and 
endorse  thereon  his  name,  and  the  date  and  hour  of  filing  in  his 
office  of  the  original.    He  shall,  at  the  time  of  filing  the  dupli- 
cate notice  with  the  original,  collect,  in  addition  to  his  own 
fee,  the  fee  for  the  County  Recorder  for  recording  such  dup- 
licate.    Said  fee  to  be  computed  at  the  rate  of  50c  for  first 


12 

folio,  and  for  each  additional  folio,  20c ;  and,  providing  further, 
that  where  more  than  two  locators  sign  the  said  notice  of  loca- 
tion, an  additional  fee  of  lOc  shall  be  charged  for  each  addi- 
tional name.  He  shall  immediately  deposit  the  duplicate  copy 
with  the  County  Recorder  of  the  county  in  which  the  greater 
part  of  the  said  mining  district  is  located  for  record,  or  for- 
ward the  same  to  him  by  mail  or  express,  or  in  such  other 
manner  as  will  insure  safe  transit  and  delivery.  The  fee  com- 
puted as  hereinbefore  described,  shall  accompany  the  duplicate. 
The  County  Recorder  shall  record  said  duplicate  with  the  en- 
dorsements thereon  for  said  fee.  The  record  of  said  duplicate 
notice  in  the  office  of  the  County  Recorder  shall  be  considered 
an  original  record.  Every  person  neglecting  or  refusing  to 
comply  with  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  not  exceeding  $300  or  by  imprison- 
ment in  the  county  jail,  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment.  Am'd  1909. 

Fees  of  district  mining  recorder,  §  990. 

Notice  to  be  recorded  with   county  recorder,   §   1498. 

1504.  Certified  copies  to  be  received  in  evidence.    Copies 
of  notices  of  location  of  mining  claims,  millsites,  and  tunnel 
sites  heretofore  recorded  in  the  records  of  the  several  mining 
districts,  and  copies  of  the  mining  rules  and  regulations  in 
force  in  the  several  mining  districts,  in  like  manner  recorded, 
heretofore  duly  certified  by  the  mining  recorder,  shall  be  re- 
ceivable in  all  tribunals  and  before  all  officers  of  this  state  as 
prima  facie  evidence. 

R.  S.  '98  §  1503 ;  '99,  p.  28. 

District  recorder  to  make  certified  copies,  §  1506x1. 

1505.  Id.     By  county  recorder.     Where  books,  records, 
and  documents  pertaining  to  the  office  of  district  mining  re- 
corder have  been  or  shall  hereafter  be  deposited  in  the  office 
of  any  county  recorder  of  this  state,  such  county  recorder  is 
authorized  to  make  and  certify  copies  therefrom,  and  such 
certified  copies  shall  be  receivable  in  all  tribunals  and  before 
all  officers  of  this  state  in  the  same  manner  and  to  the  same 
effect  as  if  such  records  had  been  originally  filed  or  made  in 
the  office  of  the  county  recorder. 

R.  S.  '98,  §  1504;  '99,  p.  28. 

County  recorder  to  receive  records,  §  1506x2. 

1506.  County  recorder  to  record  rules.    Certified  copies. 
Tt  shall  be  the  duty  of  each  county  recorder  to  record  the  min- 


13 

ing  rules  and  regulations  of  the  several  mining  districts  in  his 
county  without  fee,  and  certified  copies  of  such  records  shall 
be  received  in  all  tribunals  and  before  all  officers  of  this  state 
as  prima  facie  evidence  of  such  rules  and  regulations,  and  it 
shall  be  his  duty  to  record,  index,  and  abstract  all  mining 
location  notices  presented  for  record,  for  a  fee  not  to  exceed 
seventy-five  cents  for  each  notice,  and  to  file  and  index  all 
affidavits  of  labor  presented  for  filing  affecting  one  mining 
claim,  for  a  fee  not  to  exceed  twenty-five  cents ;  provided  that 
when  an  affidavit  of  labor  contains  the  name  of  more  than  one 
mining  claim,  an  additional  fee  of  ten  cents  shall  be  chargec1 
for  each  additional  claim  named  therein. 

R.  S.  '98,  §  1501 ;  '99,  p.  28. 

Notice  of  location  to  be  recorded  for  75c,  §§  1498,  1503. 

District  recorder  to  collect  for  recording  duplicate  copies,  §  1503. 

1506x.  Recorder  of  mining  district  to  give  bond.  The  re- 
corder of  each  mining  district  shall  take  the  oath  of  office  and 
give  bond  with  sureties  in  the  penal  sum  of  $1,000.  Such  bond 
must  be  approved  by  the  district  judge  and  filed  in  the  office 
of  the  County  Clerk  of  the  county  in  which  the  greater  part  of 
the  said  mining  district  is  located.  Where  the  recorder  of  any 
mining  district  appoints  a  deputy,  the  recorder  and  his  bonds- 
men shall  be  responsible  for  the  official  acts  of  such  deputy. 

'99,  p.  29. 

1506x1.  District  recorder  to  make  copies.  It  shall  be  the 
duty  of  the  recorder  of  a  mining  district,  upon  request  and 
payment  or  tender  of  the  fees  therefor,  to  make  and  deliver  to 
any  person  requesting  the  same,  duly  certified  copies  of  any 
records  in  his  custody;  and  for  failure  so  to  do,  or  for  receiv- 
ing larger  fees  for  any  such  service  than  those  provided,  he 
shall  be  deemed  guilty  of  a  misdemeanor.  '99,  p.  29. 

Certified  copies  by  district  recorder,  §  1504. 

1506x2.     Vacancy.     County  recorder  to  receive  records. 

Whenever  there  is  a  vacancy  in  the  office  of  recorder  of  any 
mining  district,  or  the  person  holding  such  office  shall  remove 
from  the  district,  leaving  therein  no  qualified  successor  in 
office ;  or  whenever  from  any  cause  there  is  no  person  in  such 
district  authorized  to  retain  the  custody  and  give  certified 
copies  of  the  records,  it  shall  be  the  duty  of  the  person  having 
custody  of  the  records  to  deposit  the  same  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  mining  district 
or  the  greater  part  thereof  is  situated,  and  the  county  recorder 
shall  receive  such  records,  and  is  hereby  authorized  to  make 


14 

and  certify  copies  therefrom,  and  such  certified  copies  shall  be 
received  in  evidence  in  all  courts  and  before  all  officers  and 
tribunals.  The  production  of  a  certified  copy  so  made  shall  bey 
without  other  proof,  evidence  that  such  records  were  properly 
in  the  custody  of  the  county  recorder. 

R.  S.   '98  §  1502;  '99,  p.  29. 

Certified  copies  by  county  recorder  from  district  recorder's  rec- 
ords, §1505, 

Transfer  to  county  recorder;  law  constitutional.  See.  8.,  chap, 
36,  laws  1897,  providing  that  records  of  mining  claims  shall  be  kept  by 
the  county  recorder,  and  providing  for  the  transfer  and  delivery  of 
records  kept  by  district  recorders,  is  not  in  conflict  with  Con.  art.  6, 
sec.  23,  which  requires  that  "no  bill  shall  be  passed  containing  more 
than  one  subject,"  etc. 

Such  a  law  is  not  in  conflict  with  §  2324,  R.  S.  U.  S.,  authorizing 
mining  districts  to  make  regulations  governing  the  manner  of  re- 
cording, etc. 

In  re  Monk,  16  U.  100;   50  P.  810. 

1535.  Interfering  with  notices,  stakes,  persons  in  posses- 
sion, or  records.    Any  person  or  persons  who  shall  wilfully  or 
maliciously  tear  down  or  deface  a  notice  posted  on  a  mining- 
claim,  or  take  up  or  destroy  any  stake  or  monument  marking 
any  such  claim,  or  interfere  with  any  person  lawfully  in  pos- 
session of  such  claim,  or  who  shall  alter,  erase,  deface,  or  de- 
stroy any  record  kept  by  a  mining  recorder,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  $25,  nor  more  than  $100,  or  by  im- 
prisonment  for  not   less  than  ten   days,  nor  more  than   six 
months,  or  by  both  such  fine  and  imprisonment.     Justices  of 
the  peace  shall  have  jurisdiction  of  such  offenses. 

Malfcious  injury  to  property,  §  4430. 
Defacing  U.  S.  monuments,  §  4436. 

1536.  Wrongful  taking  of  ores.    Damages.    Any  person 
wrongfully  entering  upon  any  mine  or  mining  claim,  and  car- 
rying away  ores  therefrom,  or  wrongfully  extracting  and  sell- 
ing ores  from  any  mine,  shall  be  liable  to  the  owner  or  owners 
of  such  ore  for  three  times  the  value  thereof;  and  should  the 
plaintiff  file  his  affidavit  that  the  defendant  did  unlawfully 
take  ores,  the  defendant  may  be  arrested  and  held  to  bail,  as 
in  cases  for  the  recovery  of  the  possession  of  personal  prop- 
erty unjustly  detained. 

1537.     (Repealed,  '99,  p.  30.) 


15 

1538.  Inclosing  shaft.    Any  person  that  has  sunk  or  shall 
sink  a  shaft  or  well  on  the  public  domain,  or  commons,  for  any 
purpose,  shall  inclose  such  shaft  or  well  with  a  substantial 
curb  or  fence  which  shall  be  at  least  four  and  a  half  feet  high. 

1539.  Id.    Pits.    Slack  coal  burning.    The  owner,  lessee, 
or  agent  of  any  mine,  who,  by  working  such  mine,  has  caused, 
or  may  hereafter  cause,  the  surface  on  the  public  domain,  com- 
mons, highway,  or  other  lands  to  cave  in  and  form  a  pit  in 
which  persons  or  animals  are  likely  to  fall,  shall  cause  such 
cave  or  sink  to  be  filled  up,  or  to  be  securely  fenced  with  a 
good,  lawful  fence ;  and  if  he  has  heaped  or  piled,  or  shall  here- 
after heap  or  pile,  slack  coal  on  the  surface,  and  such  slack 
coal  shall  take  fire  and  endanger  the  life  or  safety  of  any  per- 
son or  animal,  he  shall  cause  the  fire  to  be  extinguished  or  the 
burning  coal  to  be  inclosed  with  a  sufficient  fence. 

1540.  Penalty.     Any  person  failing  to  comply  with  the 
provisions  of  this  chapter  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  liable  for  all  damages. 

1540x.  Certain  mines  to  have  fire  protection.  All  mines 
having  but  one  exit,  and  the  same  covered  with  the  building 
containing  the  mechanical  plant,  furnace  room,  or  blacksmith 
shop,  shall  have  fire  protection.  Where  steam  is  used,  hose 
of  sufficient  length  to  reach  the  farthest  point  of  the  plant  shall 
be  attached  to  feed  pump  or  injector,  and  the  same  kept  ready 
for  immediate  use.  In  mines  where  water  is  not  available, 
chemical  fire  extinguishers  or  hand  grenades  shall  be  kept  in 
convenient  places  for  immediate  use,  and  it  shall  be  the  duty  of 
any  owner  or  operator  of  a  mine  in  the  state  of  Utah  to  pro- 
vide fire  protection  as  mentioned  in  this  section,  by  July  1, 1901. 
Any  person  or  corporation  who  shall  refuse  or  neglect  to  com- 
ply with  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor. '01,  p.  150.  pf 

r 

1540x1.  Certain  shafts  to  be  provided  with  safety  cages. 
It  is  unlawful  for  any  person  or  corporation  to  sink  any  ver- 
tical shaft,  where  mining  cages  are  used,  to  a  greater  depth 
than  200  feet,  unless  the  shaft  is  provided  with  an  iron  bon- 
neted safety  cage  to  be  used  in  lowering  and  hoisting  em- 
ployes, or  any  other  person.  The  safety  apparatus,  whether 
consisting  of  eccentrics,  springs,  or  other  device,  must  be  se- 
curely fastened  to  the  cage,  and  of  sufficient  strength  to  hold 
the  cage  loaded  at  any  depth  to  which  the  shaft  may  be  sunk. 
The  iron  bonnet  must  be  made  of  boiler  sheet  iron  of  good 
quality,  at  least  three-sixteenths  of  an  inch  in  thickness,  and 


16 

must  cover  the  top  of  the  cage  in  such  manner  as  to  afford  the 
greatest  protection  to  life  and  limb  from  any  debris  or  any- 
thing falling  down  the  shaft.  Any  violation  of  this  section  is 
punishable  by  a  fine  of  not  less  than  $200  nor  more  than  $500, 
the  same  to  be  paid  into  the  county  treasury  of  the  county  in 
which  the  case  is  tried.  '01,  p.  151. 

1540x2.     Storage  of  powder  at  metalliferous  mines.     It 

shall  be  unlawful  for  any  mining  company,  corporation,  or  in- 
dividual mine  owner  employing  more  than  ten  men  at  any  one 
time,  to  have  stored  at  any  shaft  house,  or  covering  over  any 
adit,  incline,  or  tunnel,  connected  with  a  metalliferous  mine  or 
within  the  underground  workings  of  any  such  mine,  stopes,  or 
drifts,  at  any  one  time,  more  than  enough  powder  or  other 
high  explosives  to  do  the  work  for  each  twenty-four  hours. 
Any  violation  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  $100,  nor  more  than  $1,000.  '03,  p.  8. 

1540x3.    Supplies  and  medicines  to  be  accessible.    At  all 

mines  in  the  state  of  Utah  wrhere  ten  or  more  men  are  em- 
ployed, it  shall  be  the  duty  of  the  operator  or  owners  thereof  to 
keep  readily  accessible  a  properly  constructed  stretcher,  a 
woolen  blanket,  a  water-proof  blanket  and  a  supply  of  linseed 
oil,  antiseptic  gauze,  carbolated  vaseline,  sponges,  soap,  lini- 
ment, carbolic  acid,  rubber  bandages,  suitable  towels  and  wash 
basins,  all  for  the  comfort  and  treatment  of  anyone  injured 
in  such  mine.  '07,  p.  34. 

Stretchers  to  be  kept  at  all  mines,  §  1514. 

1540x4.  Penalty.  Any  wilful  neglect,  refusal,  or  failure  to 
do  the  things  required  to  be  done  by  the  preceding  section,  or 
any  attempt  to  obstruct  or  interfere  with  the  complying  with 
the  provisions  of  this  chapter,  shall  be  deemed  a  misdemeanor, 
punishable  by  a  fine  in  any  sum  less  than  $300,  or  by  imprison- 
ment in  the  county  jail  not  to  exceed  six  months,  or  by  both 
such  fine  and  imprisonment.  '07,  p.  34. 

LABOR. 

1337.  In  mines  and  smelters.  The  period  of  employment 
of  working  men  in  all  underground  mines  or  workings,  and  in 
smelters  and  all  other  institutions  for  the  reduction  or  refin- 
ing of  ores  or  metals,  shall  be  eight  hours  per  day,  except  in 
cases  of  emergency,  where  life  or  property  is  in  imminent  dan- 
ger. Any  person,  body  corporate,  agent,  manager,  or  employer 
who  shall  violate  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor. 
Authorized  by  Con.  art.  16,  sec.  6. 


17 
This  law  held  to  be  constitutional. 

State  v.  Holden,  14  U.  96;  46  P.  1105. 

Ex  parte  Holden,  14  U.  71;   46  P.  756;  affirmed  169  U.  S.  366. 

No  recovery  for  overtime.  The  provisions  of  this  section  and 
chap.  72,  p.  219,  laws  1896,  apply  with  equal  force  to  employer  and 
employe,  and  a  person  who  works  for  another  in  a  mill  or  reduction 
works  more  than  eight  hours  per  day  cannot  recover  on  a  quantum 
meruit  for  his  services  during  the  overtime. 

Short  v.  Bullion  B.  &  C.  M.  Co.,  20  U.  20;  57  P.  720. 

EMPLOYMENT  OF  FEMALES  AND   CHILDREN. 

1338.  In  mines  and  smelters  forbidden.  It  shall  be  unlaw- 
ful for  any  person,  firm,  or  corporation  to  employ  any  child 
under  fourteen  years  of  age,  or  any  female,  to  work  in  any 
mine  or  smelter  in  the  state  of  Utah.  Any  person,  firm,  or  cor- 
poration who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor. 

Authorized  by  Con.  art.  16,  sec.  3. 


TAXATION. 
CONSTITUTION  ARTICLE  XIII. 

Sec.  4.  [Taxation  of  mines.]  All  mines  and  mining  claims, 
both  placer  and  rock  in  place,  containing  or  bearing  gold, 
silver,  copper,  lead,  coal  or  other  valuable  mineral  deposits, 
after  purchase  thereof  from  the  United  States,  shall  be  taxed 
at  the  price  paid  the  United  States  therefor,  unless  the  surface 
ground,  or  some  part  thereof,  of  snch  mine  or  claim,  is  used 
for  other  than  mining  purposes,  and  has  a  separate  and  in- 
dependent value  for  such  other  purposes;  in  which  case  said 
surface  ground,  or  any  part  thereof,  so  used  for  other  than 
mining  purposes,  shall  be  taxed  at  its  value  for  such  other  pur- 
poses, as  provided  by  law ;  and  all  the  machinery  used  in  min- 
ing, and  all  property  and  surface  improvements  upon  or  appur- 
tenant to  mines  and  mining  claims,  which  have  a  value  separate 
and  independent  of  such  mines  or  mining  claims,  and  the  net 
annual  proceeds  of  all  mines  and  mining  claims,  shall  be  taxed 
as  provided  by  law. 

The  provisions  of  this  section  are  not  self-executing.  Where  a 
constitutional  provision  furnishes  no  rule  for  its  own  enforcement,  or 
where  it  expressly  or  impliedly  requires  legislative  action  to  give 
effect  to  the  purposes  contemplated,  it  is  not  self-executing. 

Mercur  M.  Co.  v.  Spry,  16  U.  222;  52  P.  382. 

Centennial-Eureka  M.  Co.  v.  Juab  Co.,  22  U.  395;  62  P.  1024. 

The  net  proceeds  of  a  mine  are  taxable  at  the  place  where  the 


18 

ores  are  taken  to  the  surface  through  the  main  workings,  and,  being 
personal  property,  should  be  taxed  as  other  personality. 

Eureka  Hill  M,  Co.  v.  Eureka,  22  TL  447;  63  P.  654. 

Centennial-Eureka  M.  Co.  v.  Juab  Co.,  22  U.  395;  62  P.  1024. 

2504.  Mines  and  net  proceeds  taxable.  All  mines  and 
mining  claims,  both  placer  and  rock  in  place,  containing  or 
bearing  gold,  silver,  copper,  lead,  coal,  or  other  valuable  min- 
eral deposits,  after  purchase  thereof  from  the  United  States, 
shall  be  taxed  at  the  price  paid  the  United  States  therefor,  un- 
less surface  ground,  or  some  part  thereof,  of  such  mine  or 
claim  is  used  for  other  than  mining  purposes,  and  has  a  sep- 
arate and  independent  value  for  such  other  purposes ;  m  which 
case  said  surface  ground,  or  any  part  thereof,  so  used  for  other 
than  mining  purposes  shall  be  taxed  at  its  value  for  such  other 
purposes ;  and  all  the  machinery  used  in  mining,  and  all  prop- 
erty and  surface  improvements  upon  or  appurtenant  to  mines 
and  mining  claims,  which  have  a  value  separate  and  independ- 
ent of  such  mines  or  mining  claims,  and  the  net  annual  pro- 
ceeds of  all  mines  and  mining  claims,  and  also  the  net  annual 
proceeds  of  coke  made  from  coal,  or  bullion  or  matte 
made  from  ore  not  taxed,  which  is  deemed  a  product  of  the 
mines,  shall  be  taxed  as  other  personal  property.  Am'd  '03, 
p.  76. 

Taxation  of   mines  under  authority  of  the   constitution,  and  de- 
cisions thereunder,  Con.  art.  13,  sec.  4,  and  note. 

Assessment  of  net  proceeds  of  mines,  §  §  2566-2573. 
List  of  mining  patents  to  be  furnished,  §  2553. 

2566.  Net  proceeds  of  mines. .  Every  person,  corporation, 
or  association  engaged  in  mining  upon  a  vein  or  lode,  or  placer 
mining  claim,  containing  any  gold,  silver,  coal  or  other  valu- 
able mineral  deposits,  must  each  year,  make  out  a  statement  of 
the  gross  yield  of  the  above  named  metals  or  minerals  from 
each  mine  owned  or  worked  by  such  person,  corporation,  or 
association  during  the  year  next  preceding  the  first  Monday  in 
January  and  the  value  thereof,  which  statement  shall  give  the 
fine  ounces  of  gold  and  silver,  and  pounds  of  lead  and  copper, 
also  the  net  annual  proceeds  of  coke  made  from  coal,  or  bul- 
lion or  matte  made  from  ore  not  taxed  which  is  deemed  a  pro- 
duct of  mines.  Also  a  statement  showing  all  the  machinery 
used  in  mining,  and  all  property  and  surface  improvements 
upon  or  appurtenant  to  each  mine  or  mining  claim,  which  have 
a  value  separate  and  independent  of  all  such  mines  or  mining 
claims  owned  or  worked  by  such  person,  corporation  or  asso- 
ciation during  the  year  preceding  the  first  day  of  January,  and 
the  value  of  the  same  at  12  o'clock  on  the  first  day  of  January. 
Such  statement  must  be  verified  by  the  oath  of  such  person,  or 


19 

by  the  president,  secretary,  superintendent  or  managing  agent 
of  such  corporation  or  association,  who  must  furnish  the  same 
to  the  State  Board  of  Equalization  on  or  before  the  second 
Monday  of  February  in  each  year.  The  owner  or  owners  of 
any  mines,  dissatisfied  with  the  assessment  made  upon  its  net 
proceeds,  or  other  property,  may,  between  the  third  Monday  in 
May  and  the  second  Monday  in  June  apply  to  the  Board  to  have 
the  same  corrected  in  any  particular,  and  the  Board  may  cor- 
rect and  increase  or  lower  the  assessment  made  by  it  to  equalize 
the  same  with  the  assessment  of  other  property.  (Am'd  1909.) 

2567.  Id.   What  to  contain.     The  statement  mentioned  in 
the  preceding  section  as  to  Net  Proceeds  of  Mines  must  con- 
tain a  true  and  correct  account  of  the  actual  expenditures  of 
money  and  labor  in  extracting  the  ore  or  mineral  from  the 
mine,  transporting  the  same  to  the  mill  or  reduction  works,  and 
the  reduction  of  the  ore  and  the  conversion  of  the  same  into 
money,  or  it  equivalent,  during  the  year.     (Am'd  1909.) 

2568.  Id.     Expenditures  Allowed.     In  making  the  state- 
ment of  the  expenditures  mentioned  in  the  preceding  section 
there  must  be  allowed  all  money  expended  for  necessary  labor, 
machinery,  and  supplies  needed  and  used  in  the  mining  opera- 
tions, for  improvements  necessary  in  and  about  the  workings 
of  the  mine  for  reducing  the  ore,  for  the  construction  of  mills 
and  reduction  works  used  and  operated  in  connection  with  the 
mine,  for  transporting  the  ore,  and  for  extracting  the  metals 
and  minerals  therefrom;  but  the  money  invested  in  the  mines 
or  improvements  during  any  year,  except  the  year  immediately 
preceding  such  statement,  must  not  be  included  therein.    Such 
expenditures  shall   not   include    the    salaries    or    any   portion 
thereof  of  any  person  or  officers  not  actually  engaged  in  the 
work  of  the  mine,  or  personally  superintending  the  manage- 
ment thereof.     (Am'd  1909.) 

2569.  Special  assessment  book  for.    The  State  Board  of 
Equalization  must  at  its  meeting  commencing  on  the  first  Mon- 
day in  March  assess  the  net  proceeds  of  mines,  and  before  the 
third  Monday  in  June  apportion  the  total  assessment  of  the 
net  proceeds  of  mines  to  the  several  counties  in  which  the 
mines  are  located.    The  State  Board  of  Equalization  must  pre- 
pare each  year  a  book  to  be  called  the  " Assessment  Book  of 
the  Net  Proceeds  of  Mine"  in  which  must  be  listed  the  net  pro- 
ceeds of  all  mines  in  the  state,  and  in  which  must  be  specified, 
in  separate  columns,  and  under  the  appropriate  head: 

1.  Owner  of  the  mine ; 

2.  Name  and  description  and  location  of  the  mine; 


20 

3.  County  in  which  it  is  situated; 

4.  Number  of  tons  extracted  during  the  year; 

5.  Gross  yield  in  dollars; 

6.  Actual  cost  of  extracting  same  from  the  mine ; 

7.  Actual  cost  of  transportation  to  place  of  reduction 
or  sale;  , 

8.  Actual  cost  of  reduction  or  sale; 

9.  Cost  of  construction  and  repairs  of  mine  and  reduc- 
tion work; 

10.  Net  proceeds  in  dollars; 

11.  Fine  ounces  of  gold  and  silver,  pounds  of  lead  and 
copper  stated  separately.     (Am'd  1909.) 

2570.  Id.     Procedure,  etc.,  in  assessment  of  mines,  etc. 
The  duties  of  the  State  Board  of  Equalization  and  County 
Auditors  as  to  the  assessment  of  the  net  proceeds  of  mines,  and 
the  property  of  mines  and  mining  claims,  the  statement  and  re- 
turns to  be  made,  the  equalization  thereof,  and  the  official  acts, 
are  the  same  as  those  mentioned  in  this  chapter  for  the  assess- 
ment of  railroads,  street  railroad,  car,  telegraph,  telephone, 
electric  light,  pipe  line,  power,  canal,  irrigating  and  express 
companies.     (Am'd  1909.) 

2571.  Id.    Refusal  to  furnish  statement.     If  any  person, 
corporation,  or  association  engaged  in  mining,  as  mentioned 
herein,  refuses  or  neglects  to  make  and  deliver  to  the  State 
Board  of  Equalization  the  statement  mentioned  in  this  chap- 
ter, the  State  Board  of  Equalization  must  assess  and  list  the 
property,  and  assess  the  Net  Proceeds  of  Mines  from  the  best 
information  and  knowledge  it  can  obtain.     Such  person,  cor- 
poration or  association  refusing  upon  demand  to  furnish  such 
statement  to  the  State  Board  of  Equalization,  shall  be  subject 
to  a  like  penalty  as  is  provided  in  subdivision  two,  section 
twenty-five  hundred  and  twenty-one   and  in  section  twenty- 
five  hundred  and  twenty-two,  Compiled  Laws  of  Utah,  1907, 
for  failure  to  furnish  statement  to  a  County  Assessor.     (Am'd 
1909.) 

2572.  Id.    Mining   improvements,   machinery,   etc.    Not 
exempt.     Nothing  in  this  title  contained  shall  be  construed  to 
exempt  from  taxation  the  improvements,  buildings,  erections, 
structures,   or  machinery  placed  upon   any  mine   or  mining 
claim,  or  used  in  connection  therewith,  which  have  a  value  sep- 
arate and  independent  of  such  mine  or  mining  claim,  or  sup- 
plies used  either  in  mills,  reduction  works  or  mines,  but  such 
property  must  be  assessed  as  provided  by  law.     (Am'd  1909.) 


21 

2573.  Id.  Collection.  Lien.  The  tax  mentioned  in  the 
preceding  sections  shall  be  collected  and  the  payment  thereof 
enforced  in  the  manner  provided  for  the  collection  and  enforce- 
ment of  other  taxes;  and  every  tax  is  a  lien  upon  the  mines 
or  mining  claims  upon  which  such  mining  machinery  and  im- 
provements are  erected,  and  from  which  the  ores  or  minerals 
are  extracted,  which  lien  attaches  on  the  first  day  of  January 
in  each  year,  and  the  sale  thereof  for  delinquent  taxes  may  be 
made  as  provided  for  the  sale  of  real  estate  for  delinquent 
taxes.  (Am'd  1909.) 

MISCELLANEOUS. 

3245.  Property  exempt  from  execution.  The  following 
property  is  exempt  from  execution,  except  as  herein  otherwise 
specially  provided: 

Subdivision  5. 

5.  The  cabin  or  dwelling  of  a  miner,  not  exceeding  in 
value  the  sum  of  $500;  also  his  sluices,  pipes,  hose,  windlass, 
derrick,  cars,  pumps,  and  tools  not  exceeding  in  value  $500 ; 

4399.  Salting  mines.    Fraudulent  assay.    Every  person 
who,  with  intent  to  cheat,  wrong,   or  defraud,  places  in  or 
upon  any  mine  or  mining  claim  any  ores  or  specimens  of  ores/ 
not  extracted  therefrom,  or  exhibits  any  ore  or  certificate  of 
assay  of  ore  not  extracted  therefrom,  for  the  purpose  of  sell- 
ing any  mine  or  mining  claim   or  interest  therein,   or  who 
obtains  any  money  or  property  by  any  such  false  pretense  or 
artifice,  is  guilty  of  a  felony. 

Mont.  Pen.  -C.,  §  942*. 
Wrongful  taking  of  ores,  §  1536. 

4400.  Changing  samples  or  assay  certificate.    Every  per- 
son who  interferes  with  or  in  any  manner  changes  samples  of  ' 
ores  or  bullion  produced  for  sampling,  or  changes  or  alters 
samples  or  packages  of  ores  or  bullion  which  have  been  pur- 
chased for  assaying,  or  who  shall  change  or  alter  any  certifi- 
cate of  sampling  or  assaying,  with  intent  to  cheat,  wrong,  or 
defraud,  is  guilty  of  a  misdemeanor. 

4401.  Making  or  publishing  false  assay.    All  assayers, 
samplers,  and  dealers  in  ores  are  required  to  keep  records  con- 
taining the  amount  of  ore  received  by  them,  the  assay  value 
thereof,  the  amounts  paid  therefor  or  advanced  thereon,  the 
mine  or  prospect  from  which  said  ore  was  extracted  or  the 
person  from  whom  procured,  a  general  description  of  the  per- 
son from  whom  purchased,  together  with  his  name  and  address 
and  the  date  of  the  transaction.    Every  person  who,  with  in- 


22 

tent  to  cheat,  wrong,  or  defraud,  knowingly  makes  or  publishes 
a  false  sample  of  ore  or  bullion,  or  who  makes,  or  publishes,  or 
causes  to  be  published  a  false  assay  of  ore  or  bullion,  or  vio- 
lates any  provision  of  this  section,  shall  be  deemed  guilty  of  a 
misdemeanor.  Am'd  '07,  p.  19. 

4356.  Larceny  from  mining  claim,  etc.  Every  person 
who  shall  feloniously  steal,  take,  and  carry  away,  or  attempt 
to  take,  steal,  and  carry  away,  from  any  mining  claim,  tunnel, 
sluice,  under-current,  riffle  box,  or  sulphuret  machine,  any  gold 
dust,  amalgam,  or  quicksilver,  the  property  of  another,  shall 
be  deemed  guilty  of  larceny. 

Cal.  Pen.  C.,  §  495s*. 

Wrongful  taking  of  ores,  arrest,  damages,  §  1536. 

4436.  Injuring  or  defacing  U.  S.  monuments,  etc.  Every 
person  who  wilfully  injures,  defaces,  or  removes  any  signal, 
monument,  building,  or  appurtenance  thereto,  placed,  erected, 
or  used  by  persons  engaged  in  the  United  States  or  state  sur- 
vey, is  guilty  of  a  misdemeanor. 

Cal.   Pen.   C.,  §   615*. 

Removing  or  defacing  other  monuments,  §§  1535,  4432,  4446. 

Malicious  injury  of  mining  notices,  etc.,   §   1535. 

2877    Action  for  waste  or  trespass — Limitation. 

1.  An  action  for  liability  created   by  the  statute   of  a 
foreign  state  or  by  the  statute  of  this  state  other  than  a  pen- 
alty or  forfeiture  under  the  laws  of  this  state  shall  be  begun 
within  one  year; 

2.  An  action  for  waste  or  trespass  of  real  property,  with- 
in three  years;  provided,  that  when  the  waste  or  trespass  is 
committed  by  means  of  underground  works  upon  any  mining 
claim,  the  cause  of  action  shall  not  be  deemed  to  have  accrued 
until  the  discovery  by  the  aggrieved  party  of  the  facts  con- 
stituting such  waste  or  trespass. 


